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(영문) 서울중앙지방법원 2016.08.10 2016고정1714
재물손괴
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. The Defendant, around 10:00 on July 9, 2015, destroyed the market value by cutting the Handphone used by the victim into the ground floor and cutting down the handphone on the ground while having been in dispute with the victim C (on the alleyway in front of Guro-gu Seoul Metropolitan City).

2. On July 20, 2015, the Defendant, at the Defendant’s house located in Dongjak-gu Seoul Metropolitan Government, destroyed the 113,000 won of the repair cost by gathering the Handphones of the victim on the floor by gathering the Handphones on the front male-child room, and destroying them.

3. On January 12, 2016, at around 22:00, the Defendant, at the Defendant’s house located in Dongjak-gu Seoul Metropolitan Government Dongjak-gu, brought a dispute between the victim and the mobile phone charges, male problems, etc., and damaged the Defendant’s cell phone by setting up the victim’s cell phone on the floor, thereby damaging the amount equivalent to KRW 114,00 in repairing cost.

4. On March 6, 2016, at the Defendant’s house located in Dongjak-gu Seoul Metropolitan Government, the Defendant damaged the victim’s handbags at the Defendant’s house, thereby impairing the victim’s utility, thereby damaging the property in the market.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to the complaint (C) and C;

1. Application of the written estimate statutes;

1. Relevant Article 366 of the Criminal Act and the choice of fines for criminal facts;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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